OCS and OHS Funding Source COVID-19 Updates

The federal Office of Community Services (OCS) has been communicating with the National Partners and will be working closely with us to meet the Community Action network’s needs during this challenging time. It is our understanding that OCS intends to issue additional guidance similar to previous disaster relief memos such as IM # 154 - Disaster Flexibilities and Waivers within the coming weeks.

The federal Office of Head Start (OHS) is also directing grantees to follow its General Disaster Recovery Flexibilities IM (ACF-IM-HS-19-01) with respect to questions about Head Start program operations, such as attendance, the number of school days, closures, and paying staff. This IM speaks to administrative flexibilities–relying on the judgment of governing bodies and program administrators at the community level to make determinations, fiscal management and a range of other topics.

Earlier this week, the Office of Management and Budget (OMB) issued Memo 2020-11 permitting federal agencies to grant exceptions under the Uniform Guidance, 2 C.F.R. Part 200, for a specific class of grants–those that support COVID-19 research and emergency response services (COVID-19 Services) during the 90-day public health emergency period declared by the U.S. Department of Health and Human Services (HHS). Until grantees receive additional guidance from their federal funding sources, this class exception only applies to funds used to support COVID-19 Services. The class exception does not apply to CSBG, LIHEAP, and Head Start funds at this time.

With respect to OMB Memo 2020-11, the following Dear Colleague letters issued by the Office of Community Services (OCS) and the Office of Head Start (OHS) simply acknowledge that HHS has the authority to permit these exceptions for funds used to support COVID-19 Services:

• CSBG Dear Colleague Letter (issued March 12, 2020)

• LIHEAP Dear Colleague Letter (issued March 12, 2020)

• Head Start Letter (issued March 12, 2020)

The 10 actions that federal agencies can take with respect to grants supporting COVID-19 Services are:

1. Relaxing requirements for grantees to have active SAM registrations at the time of application;

2. Waiving Notice of Funding Opportunity (NOFO) publication requirements;

3. Allowing pre-award costs;

4. Granting no-cost extensions on expiring awards;

5. Simplifying non-competitive continuation requests;

6. Charging salaries and other project activities to the grant;

7. Granting waivers from prior approval requirements;

8. Granting exemptions from certain procurement requirements;

9. Extending financial and other reporting deadlines; and

10. Extending Single Audit submissions.

CAPLAW continues to monitor the situation and will post updates on our coronavirus update page. The National Community Action Partnership is also regularly providing updates on its coronavirus page.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.